Romain Garcin

Registered with Property118.com
Friday 9th August 2013


Latest Comments

Total Number of Property118 Comments: 881

Romain Garcin

2 weeks ago
Illegal AST clause?

As has been mentioned, it probably started as a standard forfeiture clause but someone thought it would be a good idea to add mention of s.21.
Mention of s.21 is a bit nonsensical but the rest is indeed standard, including the part about re-entry. That's the point of a proviso for re-entry, as it's called.
It doesn't apply as long as the tenancy remains an AST, though.

I don't think there's an issue for the tenant.... Read More

Romain Garcin

2 months ago
Landlords Ombudsman Coming Soon

I have no specific case to quote (I have not looked for any).
As said, this is standard, not least because there is no other option in general. I am surprised that the people you talked to did not know how to proceed.
The fact remains that a valid notice to quit ends the tenancy.
Two months is a long time. I am not sure that a s.21 will be faster. And there is also the issue that the landlord must treat the tenancy as having ended at all times.

I do not know if serving a s.21 notice would prejudice the claim that there is no longer any tenancy in existence. Anyway if the tenant sublets then any tenancy is not an AST anyway.... Read More

Romain Garcin

2 months ago
Landlords Ombudsman Coming Soon

If the tenancy has ended and therefore the ex-tenant has no right to the property then proceedings may be started immediately.
This is quite established. Otherwise in general how would the landlord evict? There is no tenancy or licence so there is no longer any notice to give.... Read More

Romain Garcin

2 months ago
Landlords Ombudsman Coming Soon

Janet wrote that her tenant had served notice to quit. If so and the notice was valid then the tenancy has ended.... Read More

Romain Garcin

2 months ago
Landlords Ombudsman Coming Soon

At this rate we'll soon need redress schemes to arbitrate disputes between redress schemes...
I don't see the point of housing courts either. If they intend to send money they should spending on making existing courts work, and on streamlining current processes to save time and money.
Lastly, it seems that many commentators and the government miss the fact that letting agents cannot charge tenants now.
What the government effectively proposes is to prevent landlords from charging tenants. Charging upfront fees is common in many industries.

They are picking on landlords because they are desperate and landlords are easy targets (they're no very well-liked and they can't do much to defend themselves).... Read More